Apple's Theft Claim Against 'Fortnite' Maker Epic Gets Thrown Out By Court

Apple Inc’s AAPL two tort claims against game developer Epic Games Inc have been dismissed by a U.S. District Court, Bloomberg reported late Tuesday.

What Happened: “This is a high-stakes breach of contract case and an antitrust case and that’s all in my view”, U.S. District Judge Yvonne Gonzalez Rogers said on the tussle between the two companies.

In addition to the breach of contract lawsuit, Apple had pushed forth with two more lawsuits alleging theft and sought additional compensation from the game maker. However, only the breach of contract cases would be heard, and both these additional claims were sidelined.

Last week, there were reports that Epic's game "Fortnite," which is at the center of the controversy, could make a comeback to Apple devices, albeit through Nvidia Corporation’s NVDA GeForce Safari browser-based cloud gaming service. 

”You can’t just say it’s independently wrongful,” Gonzalez said on Epic’s conduct, addressing Apple's lawyer, as reported by Bloomberg. “You actually have to have facts.”

Why Does It Matter: Apple levies a 30% fee on all in-app purchases. Epic launched an alternative payment option in its game Fortnite, bypassing policies of Apple’s in-house marketplace. In retaliation, the iPhone maker removed the game from the App Store.

Alphabet Inc GOOGL GOOG also removed the game from Google Play Store, in August, over Epic’s alternative payments feature release.

Epic was the first to move court over the tussle. Apple followed by filing counter lawsuits the next month.

Apple in a statement to Bloomberg said that Epic’s “reckless behavior made pawns of customers” and it looked forward to making it "right for them in court next May."

Price Action: Apple shares closed 0.30% lower at $115.97 on Tuesday.